Be sure to carefully read over your HOA community guidelines whenever purchasing a new home. One local resident finds themselves in quite the sticky situation whenever visited by Constable Franklin and being served papers due to violations against the Sanderson Estates HOA guidelines.
When a Homeowners Association (HOA) sues a resident for violating community guidelines, it typically involves a legal dispute where the HOA claims that the resident has not adhered to the rules and regulations set forth in the community’s governing documents. The Sanderson Estates HOA president, Jennifer Smith, has claims Christopher Roberts violated at least three guidelines since moving into the residence 7 months ago. Roberts is claimed to be in violation of excessive garbage leaning against the side of the home, unkept hedges located in front of him home facing the street, and failure to use the community assigned color trash bins.
These guidelines are usually established to maintain property values, ensure community aesthetics, and promote harmonious living within the community. Some may say the guidelines allow for community standards to be high and support the HOA; however, some are against the HOA stating it violates their freedoms to live as they please.
Here are some common reasons an HOA might pursue legal action:
- Architectural Violations: This could involve making unauthorized changes to the exterior of a property, such as painting the house an unapproved color or constructing a structure without prior approval from the HOA.
- Landscaping Issues: Failure to maintain lawns and gardens according to community standards, or planting prohibited species, could lead to disputes.
- Nuisance Complaints: Excessive noise, disruptive behavior, or maintaining a property in a way that negatively affects neighbors can result in legal action.
- Improper Use of Property: Using a residential property for commercial purposes without permission might violate HOA rules.
- Non-payment of Dues: Failure to pay HOA fees or assessments can lead to legal action to recover the owed amounts.
Roberts is set to face off against The Sanderson Estates HOA in court on January 1st.
